Katie Anderson

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Never settle. Good words to live by, unless you are a civil defendant living in the state of Georgia. Following the Supreme Court of Georgia’s decision in Junior v. Graham, defendants in civil actions might have more of an incentive to settle their cases after the court allowed for a seemingly double recovery of attorney’s fees.

Georgia courts have consistently upheld the public policy of barring double recovery. Damages in civil actions are intended to make a plaintiff whole, not punish a defendant. However, in Junior, the court held that two statutory provisions, despite their similar measure of damages, did not constitute an impermissible double recovery. Going forward, defendants could be charged with double fees if they are found liable under both statutes.